Supreme Court Hearing TCPA Fax Suit

Supreme Court Hearing TCPA Fax Suit

The U.S. Supreme Court is hearing a case regarding whether a district court was right in its ruling that an unsolicited fax by a health information provider did not violate the Telephone Consumer Protection Act (TCPA). Carlton & Harris Chiropractic allegedly sent an unsolicited fax offering a free e-book. The district court dismissed the case, holding that an unsolicited fax needs to have a commercial goal to be considered an advertisement and violate the TCPA while this fax offered a free service. However, the Fourth Circuit reversed the court’s dismissal and ruled that faxes offer goods or services, and even if these offerings are free, a fax still serves as an “advertisement” under the TCPA.

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